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Category: Trip and Fall

Oct 24, 2018 - Trip and Fall

Recreational Purpose Immunity in Premises Liability Lawsuits

Generally speaking, Pennsylvania landowners have a duty to maintain their property in reasonably safe condition for premises entrants, and to either correct dangerous conditions of property (e.g. hazards) or warn premises entrants of such hazards.  If you tripped and fell on the defendant’s property due to some hidden hazard, such as a loose floor tile, then you could potentially sue and recover damages pursuant to standard premises liability rules. Things get a bit more complicated when the injury takes place on land that was made available to the public for recreational purposes.  Pennsylvania shields landowners from liability in certain limited circumstances with the “recreational immunity,” which is intended to encourage landowners to keep their land available for public use. Let’s take a look at the basics. How the Recreational Immunity Works In Pennsylvania, recreational immunity is granted by the Recreational Use of Land and Water Act.  The Act ensures that landowners can benefit from immunity to injury liability for trip and fall incidents (and other premises-related injuries) occurring on the property at-issue so long as the landowner allowed the general public to access the land for a recreational purpose. Simply put, the recreational immunity prevents the imposition of liability on landowners for failing to correct hazards or to warn premises entrants of hazards, unless the hazard was known to the landowner (before the injury occurred). Confused?  We’ll put this all into context with a quick example. Suppose that you trip and fall while sitting on a dock on the defendant’s […]

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